Agenda Item No: J.4
AGENDA REPORT
DATE: August 5, 2025
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2025-161 PW Donation Conveyance Agreement and Execution of Right of Entry Agreement
Authorizing the City Manager to execute a Donation Conveyance Agreement Between the City of Fairfield and Pastor Hiram Berhel and Authorizing the City Manager to Execute Right of Entry Agreements or Similar Instruments Subject to Approval (in form) from the City Attorney Related to the Construction of the East Tabor/Tolenas Safe Routes to School and Sidewalk Gap Closure Project
Funding Source: $2,000; Capital Improvement Program for Streets Fund
Contact: Phil Layoso, (707) 428-7505
RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
To construct the necessary improvements for the East Tabor/Tolenas Safe Routes to School and Sidewalk Gap Closure Project (Project), the City will need to acquire a portion of private property, which is located at 1390 East Tabor, Avenue Assessor’s Parcel Number (APN) 170-163-010. The property owner, Pastor Hiram Berhel (Berhel) has agreed to donate a portion of his property to facilitate the construction of the Project. The resolution, if adopted, would grant the city manager the authority to execute the donation of conveyance agreement (Agreement) with Berhel.
DISCUSSION
On June 17, 2025, the City Council approved Resolution No. 2025-112 which authorizes the city manager to execute a public highway at-grade crossing and maintenance agreement with Union Pacific Railroad (UPRR) for the Project. The agreement with UPRR allows for the Project to construct an at-grade pedestrian crossing over railroad tracks and the installation of sidewalk on the north side of East Tabor Avenue . The configuration of these improvements block UPRR’s existing driveways that allow UPRR to perform maintenance on the northeast and northwest
quadrant of the railroad crossing. As the improvements are entirely within UPRR right-of-way, UPRR requires the City to make modifications to their driveways so that it can accessed by their vehicles. The driveway that gives access to the northwest quadrant of the railroad crossing requires 35’ of mountable curbs to be installed at this location.
The northeast driveway is adjacent to a private property located at 1390 East Tabor Avenue, which is owned by Berhel . Currently, the existing driveway is accessible to UPRR’s work trucks without encroaching onto Berhel’s property. As the Project progresses with improvements, UPRR’s work trucks will not be able to use the driveway without encroaching onto Berhel’s property.
To address the issue, the City intends to modify the existing driveway by installing 35’ mountable curb. To proceed with these modifications, the City must acquire approximately 250 square feet of property from Berhel. This portion of land will also serve as the primary driveway for Berhel’s property.
The acquisition of approximately 250 square feet of property will require full closure of the Berhel’s primary driveway. In response, the City will construct a new driveway entrance at the intersection of East Tabor Avenue and Olive Avenue to maintain site access. As the new driveway does not directly connect to the existing parking lot, the City will also make site improvements to provide emergency-compliant access and restore full parking functionality.
City staff has met with Berhel and his team on multiple occasions to discuss the impacts and proposed solutions. In recognition of the City’s commitment to installing an im proved, code - compliant driveway and parking layout, Berhel has agreed to donate the required portion of his property to facilitate the project.
The proposed resolution authorizes the city manager to execute the donation conveyance agreement, and right of entry agreements, or similar instruments related to the Project. The city manager’s authority would only be exercised after the agreements and other documents are approved as to form by the city attorney.
FINANCIAL IMPACT
The City has agreed to cover the escrow and recording costs for executing the Agreement. Staff estimate these costs will total approximately $2,000. Funds are budgeted in the adopted fiscal year (FY) 2025-2026 through FY 2029-2030 Capital Improvement Program for Streets (Fund 252, CPW070008).
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
If the council has any questions, the recommended action may be delayed so that staff can provide the necessary backup. However, staff does not recommend this as this will delay the delivery of the Project.
COORDINATED WITH
City Attorney’s Office
STAFF CONTACT
Phil Layoso, Assistant Engineer
(707) 428-7505
[email protected]
ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Donation Conveyance Agreement
Attachment 4: Grant Deed from Pastor Berhel to the City Attachment 5: Escrow Instructions
Attachment 6: Donation Letter